Examiner_2021Spring-web

2021 Symposium - RE:imagine Administrator’s Update Approximate Corners Best Practices Rules Updates Opinion on Bathymetic Surveying Published by the Oregon State Board of Examiners for Engineering & Land Surveying Board Offers Opinion on Bathymetric SurveyingResults of Bathymetric and Velocim The Oregon Authored by: Pier 7 Tim Fassbender, PLS, CWRE, Board Member Periodically, the Board is asked whether Flow bathymetric surveying is the practice of land surveying, requiring a Professional Drilled shaft Land Surveyor’s license or Professional Engineer’s license. Using bathymetry Undermined is not, in and of itself, the practice of a seal course licensed profession. Instead, bathymetric mapping is a tool, which can be used for Surveying under PE Registration SEuXrvPeLyAiNngATuInOdNer PLS Registration activities that require licensure, and for activities that do not require licensure. Under OSBEELS’s laws, using bathymetry toElevSatuiobnseofcptiooinnt,(i2n) foefetthe law, ORS 672.005, Whether the surveying done with aboavlesothedeNsocrtrhibAemsetrhiceantype of bathymetric bathymetry requires OSBEELS depends on perform surveying: VerstiucravleDyaitnugmwofo1r9k88which only a licensed whether it falls within the statutes defining • To determine area or topography; the practices of licensed surveying, and • To establish lines, grades or elevations, Professional Land Surveyor may undertake, whether it then falls within a statutory 677677667798201801602468824 exemption from licensure. or to determine or estimate quantities which includes: The National Oceanic and Atmospheric Figuorfem38a.terSihaalsd¹edretrqiaunirgeudla,treedmirorevgeudlaorrnientwork vi(s2u)a“lPizraatciotnicoef othfelacnhdansnuerlvbeeydinagn”dmrigehatn(soduothin) gside of m Administration may explain it best: pierp7laocfes;trourcture A0767 on Interstate 435 crossing thaenMy oisfstohuerifRoilvleorwininKgansas City, Missouri. Bathymetry is the study of the “beds” • Required for design and construction (a) Providing or offering to provide for or “floors” of water bodies, including the ocean, rivers, streams, and layout of engineering and architectural others professional services that…involve: lakes. The term “bathymetry”…has [generally] come to mean “submarine infrastructure, (A) The making of geometric topography,” or the depths and shapes of underwater terrain. In the same way all requires the individual surveying to be measurements and gathering of related that topographic maps represent the a licensed Professional Engineer (see ORS information pertaining to: three-dimensional features (or relief) 672.005(1)(c) to (f)). (i) The physical or legal features of the of overland terrain, bathymetric maps earth; illustrate the land that lies underwater. ¹ Note: the OSBEELS has not yet formally addressed continued on page 6 the question of whether water is a “material” within the meaning of this section of law. Board Members Board Staff Mission Daren Cone, PE, PLS President Jason Barbee, Administrator The mission of the Oregon State Board of Examiners for Dr. Sean St.Clair, PE Vice President Jenn Gilbert, Deputy Administrator Engineering & Land Surveying (OSBEELS) is to regulate the Darryl Anderson, PE, PLS, CWRE Grant Aman practice of engineering, land surveying, photogrammetric Erin Austin, Esq., Public Member Andrea Bijan mapping, and water right certification in the state as they Renee Clough, PE, PLS Eric Engelson relate to the welfare of the public in safeguarding life, Tim Fassbender, PLS, CWRE Veronica Gloria health and property. Paul Gribbon, PE Danee Koonce Jason J. Kent, PE Magali Martinez Massoud Saberian, PE Santiago Puente Ron Stillmaker, PE Ashley Setzer Amin Wahab, Public Member Nick Siegrist Dennis Smith Rob Sobotka Tina Sorensen

Administrator’s Providing good customer service is a core responses submitted by our licensees Corner value of mine. It doesn’t matter where that provide us the most valuable we work, what we do, or who we serve, we insights as to what we can be doing all should treat each other with respect and better. A number of us, including myself, kindness. A key aspect of customer service read every comment submitted to is understanding what matters most to gather information about our customer’s your customers, and then doing what you experiences beyond what is captured can to provide them those services while within the rating scales. From those delivering an enjoyable experience. At the comments, a single theme rose to the OSBEELS, customer service is a focal point top, which was asking us to modernize for all of our staff. our systems from paper-based processes to offer online services. With that in mind, this year we sent our annual Customer Service Survey to all of I’m happy to say that we’ve heard your our licensees asking for feedback on how concerns and are excited to share that well we are serving you, and what else electronic services will be a primary we could do to provide better service. function of our new system, MyOSBEELS, We asked participants to rate their which will convert our existing paper- experiences interacting with the Board and based processes to a purely online staff members in several areas of service system. Scheduled to launch this summer, provided by the agency on a scale of 1-4, in we’re looking forward to sharing more which “1” did not meet their expectations details about the new system with our and “4” was exceptional. We received over customers in this issue of the Oregon 3,050 responses and were very pleased to Examiner and on our agency website. gather such valuable feedback from you, our customers. Some results of our annual Customer Service Survey are included below. While the 1 to 4 ratings are important to provide a high-level overview of customer satisfaction, it is the individual written Preferred Method of Communication Experience with OSBEELS Customer Service Contact with Staff Submitting Requesting and Questions, Follow-up Receiving Information Did Not Meet Expectations Email Inadequate Mail Satisfactory Agency Website Exceptional The Oregon Examiner Social Media 2 The Oregon Examiner

Stay tuned for updates online: oregon.gov/osbeels Spring 2021 3

Rule Updates T he following rules have completed the rulemaking process and been approved for permanent rulemaking by the Board at recent meetings. The purpose of sharing these updates is to ensure registrants are aware of updated rules and practicing in a lawful manner. Visit the OSBEELS website for more information on the Board’s rulemaking process and the statutes and rules within the Board’s jurisdiction. More detailed discussions on these rule changes can be found within the minutes of recent Board and Committee meetings. OAR 820-010-1010 The purpose of the revisions to OAR 820-010-1010 were to clarify how to apply for the Forest Engineering examination and also to allow the Board to change or cancel an Oregon specific engineering examination administration due to a natural disaster, an emergency declaration, or at the Board’s discretion. OAR 820-010-1020 Amendments to OAR 820-010-1020, education and experience requirements for registration as a professional engineer, were included within subsections (1), (5), and (6). Within subsection (1), amendments pertain to including a baccalaureate of engineering degree from a program recognized under the Bilateral Agreement between Engineers Canada and the Accreditation Board for Engineering and Technology (ABET) as qualifying education. The proposed changes to subsection (5) updates the language regarding the NCEES Education Standard and allows an applicant, who possesses a non-ABET accredited degree and had a NCEES Credentials Evaluation that was determined to be equivalent, to qualify with four years of experience.. The proposed changes to subsection (6) allows applicants, who possess a non-ABET accredited degree and who had a NCEES Credential Evaluation that was determined to not be equivalent, to substitute professional experience when they are lacking the minimal education qualifications. OAR 820-020-0045 The purpose of revisions to OAR 820-020-0045, obligation to not to engage in unprofessional behavior, was to provide additional definitions and clarifications of professional conduct for professional registrants. Amendments includes the addition of “, or any other person with whom the registrant interacts in a professional capacity” within subsections (1) and (2). OAR 820-050-0010 Amendments to OAR 820-050-0010, Certified Water Right Examiner continuing professional development requirements, eliminate the “grace period” language within the rule because it is no longer offered to registrants. The amendments remove subsection (2) & (3) from the rule. 4 The Oregon Examiner

Coming Summer 2021 The OSBEELS is excited to announce the upcoming launch of the agency’s new, online Online Licensing System:application and licensing system – MyOSBEELS. The system will have a significant positive impact on how the OSBEELS interacts with members of the public, applicants, and licensed professionals in a more efficient manner with paperless processes, secure online payments, and automated functions. In the coming months, as the launch nears, keep an eye out for direct communications from the OSBEELS via email and on the Board website sharing more details about Wehnarot’lslinNg einwthe new system and other impactful changes to our current processes. Online Registrant Portal accessible via Secure Online Enhanced Licensee computer, phone, and tablet Payments Data tools What’s Changing Law Enforcement Cases The following list contains law enforcement cases that resulted in disciplinary actions and became finalized. X0073 – Daniel Roseman X0077 – Brian Smith X0061 – James Wright ilities The Board issued a FinaPlaOpredrleerssagParoincsetsses – begTihnneinBgowaritdh issued a FinAalll Ouprddaetreasgtoaiynosutr personaTl ohreliBceonasrediinsfsourmedataionFibnealwOillrder against ng toolsD) aniel Roseman assessRineggiast$ra2t,i0o0n0&cRiveinlewals inBJruianne 2S0m21it!h, PE, assseusbsminitgtead $w5it0h0inctihveilnew systemJamfroems Wyoruigr hptroafisles.eTshseinOgSaB$E5E,L0S00 civil penalty for 19 violations of Oregon Revised penalty for failing to notiwfyebtshieteBwoilal rbde restructurpedentoalrteyflfeocrt tfhiveese(5c)hvainoglaetsions of OAR Statutes (ORS) 672.045(3) and ORS 672.045(5) office of license discipline received in 820-010-0730(3)(c) and ORS 672.020(1), for applying the sealWofhaanto’tsheNr einxditvidual another jurisdiction within 45-days of the performing unlicensed engineering work on final order being issued, violating Oregon five (5) different projects in Oregon while and falsely impersonating a registrant of a different name wiAtshtihne Maasyulabunmchitnteeards isnfeotrmation willAbde smhairneidswtirtharteigvisetraRnutsledir(eOctAlyRvi)a e8m2a0il-a0n2d 0on-the Board websithe ireslaltiecdetno esnerowllinagsindelinquent. The unlicensed basic of engineering plantshe. TsyhsteemOaSnBd EotEhLerSim’spLacatfwul changes0to0o4u5r a(4ge)n. cNy ipnroecteyss-esse. TvheenBo(a9rd7)wdebasyitesweilll abepcsoensdistently updeatnedgtionsehearreinnegwwork occurred during a period Enforcement Commiwnitefobtresmieteato(ioLrnEcoaCnn)tdamFcAteQthtsetwBooihaterhldpopfrfoicmeoatte*anfsermwoosmoysthtettmhraenOsSittBiiomEnELpeSerteiohmdeatiolf?it*hneanleworsdysetermf.rIfoymou htahvee any questionos pfle3asme ovisnittthhesBwoahrden his license was not active Mr. Roseman in an informal conference other jurisdiction was issued and when due to failing to submit a timely renewal of to discuss a settlement. Following this Mr. Smith reported it to the Board office. registration. The OSBEELS’s LEC met with Mr. conference, the Board and Mr. Roseman Wright in an informal conference to discuss entered into a Settlement Agreement a settlement. Following this conference, regarding the violations above, where by the Board and Mr. Wright entered into a Mr. Roseman accepted the $2,000 civil Settlement Agreement regarding the above penalty and was granted a payment plan. violations, whereby Mr. Wright accepted a $1,250 civil penalty. Spring 2021 5

Board Offers Opinion on Bathymetric Surveying continued from cover page ORS 672.060(1) in the river. However, if the Professional ORS 672.060(2) Engineer used bathymetry to gather (ii) Improvements on the earth; or ORS 672.060(3) information on the riverbed topography to (iii) The space above or below the earth; ORS 672.060(4) design a bridge for a municipal client, then or ORS 672.060(5) no exemption appears to apply. And it is (B) The development of measurements ORS 672.060(10) likely the Professional Engineer would need and information described in ORS 672.060(11) to stamp the bathymetric topo map they subparagraph (A) of this paragraph into ORS 672.060(12) produced. If the Professional Land Surveyor graphics, data, maps, plans, reports, ORS 672.060(13) used bathymetry to determine the thread descriptions, projects or other survey ORS 672.060(14) of the river, itself used to determine the products. ORS 672.060(16) boundary location between the two land (b) Performing geodetic surveys [marine ORS 672.060(17) owners of both sides of the river then – geodesy] for others. ORS 672.060(18) again – no statutory exemption appears to (c) Establishing, reestablishing or ORS 672.060(19) apply and the Professional Land Surveyor replacing boundaries or geodetic control ORS 672.060(20) would need to prepare a map showing the monuments or reference points. ORS 672.060(21) information and location, stamped by the (d) Locating, relocating, establishing, ORS 672.060(22) Professional Land Surveyor. reestablishing or retracing any property ORS 672.060(23) lines or boundaries for any tract of Conclusion [underwater] land… or [“bed or bank”] Discussion Examples easement. In conclusion, the activities surrounding (e) Making any survey for the division or One example previously discussed by Bathymetry can be confusing to the lay subdivision of a tract of land or for the the Board of how licensed surveying and person and a point of argument between consolidation of tracts of land. exempted surveying can connect in the Professional Engineers and Professional (f) Locating and laying out for others world of bathymetry was that of using Land Surveyors. The Oregon Revised alignments, positions or elevations for the bathymetric surveying to find underwater Statutes defining the gathering and use of construction of fixed works. marine craft or sunken treasure. The Board information for either engineering or land (g) Performing or offering to perform for members opined that, if bathymetric surveying are clear. The confusion comes others any investigation, interpretation surveying was used to find a sunken ship when separating bathymetric mapping or evaluation of, or any consultation or sunken treasure, it appeared to fall activity from the purpose or use of that about, any of the services described in under the “depicting the distribution of bathymetry. It is not bathymetry itself paragraphs (a) to (f) of this subsection. natural or cultural resources, features or that requires licensure. Instead, licensure (h) Collecting, preparing, manipulating phenomena” exemption of ORS 672.060(18), is required when the use or purpose or modifying data related to activities and no OSBEELS license would be required. of the bathymetric mapping requires described in paragraphs (a) to (f) of this However, if bathymetric surveying was professional registration, and determines subsection for others, other than acting used to determine who owned the seabed, which type of registration that is (e.g., if as a scrivener. riverbed, or lake-bed property on which used for determining the location of any … the ship or treasure rested, the exemption type of property boundaries or ownership (j) Making surveys that involve horizontal would not apply, and the law likely requires -- then the law typically requires the or vertical mapping control or geodetic a PLS license. gathering, mapping and determination control. to be performed by, or under the direct Similarly, if a Professional Land Surveyor supervision of, a licensed Professional Exemptions and a Professional Engineer were in a boat Land Surveyor). crossing a river and taking soundings to However, even if someone is using find the deepest part of the river for the bathymetry to engage in one of the best fishing spot, then their activity may fall activities listed above, those activities under the exemption of ORS 672.060, and will not require OSBEELS licensure if they it would seem likely neither of them would fall under one of the below 18 subsections need to be licensed to locate that spot contained within ORS 672.060, activities not requiring registration. 6 The Oregon Examiner

Land Surveying Best Practices: The “Approximate Corner” Authored by: Tim Fassbender, PLS, CWRE, Board Member The Good The Ugly For the purpose of these best practice Typically, when property owners hire Even when a land surveyor is locating recommendations, an “approximate a land surveyor to find their property approximate corners for good reasons corner” is an unofficial property marker corner, they depend on the land surveyor (e.g., to prepare for construction that set by a Professional Land Surveyor. to do the necessary work to correctly will ultimately destroy any monuments Approximate corners are sometimes used locate the corner. set, estimating for subdivision utilities, for things like estimating construction of etc.) leaving behind a marker for the utilities during subdivision development The Bad approximate corner can lead the or when a property owner wants to know landowner to believe their corner has been how much room they have for landscaping However, sometimes property owners hire established. Then the situation comes to purposes, etc. While land surveyors may a land surveyor and then tell that land OSBEELS attention because a neighbor have a good reason for setting these surveyor to simply “look for our corners so hires a land surveyor to execute a true approximate corners, it can be confusing we know where they are.” This is often when boundary survey and finds the approximate and damaging to property owners. an approximate corner is set. Under this corner in gross error, resulting in a heated This issue has been discussed in the second scenario, perhaps the land surveyor discussion with the neighbor, litigation, and land surveying community for decades. does not find a monument in the search sometimes law enforcement or worse. However, the public is not educated on location, and inserts a lath or hangs flagging the guidelines and laws that govern land at the location, for the property owner to To avoid the “ugly” side of surveying, and surveying, and often do not understand see where the search area was and where to avoid the possibility of an OSBEELS just how “off-the-record” approximate their property corner was preliminarily investigation, it is best to practice diligently corners are. located. The property owner may then and prudently, and avoid the trap of the decide not to pay the costs of a survey to “approximate corner.” Best Practice Recommendation complete the work and officially set the corners. At that point, the work stops, but A best practice is for Professional Land the landowner believes that what the land Surveyors to approach the setting of surveyor left behind (the marker that says, approximate corners the same way you set “approximate corner,” flag, hub, etc.) is or true corners. Take all the actions involved has matured into their property corner. in making a survey that establishes a boundary corner. Renewal Reminder Notice If your last name begins with G-K, your license expires on June 30 and it’s time to renew your registration. Download and print the Renewal Form and CPD Organizational Form on the OSBEELS website. If you have any questions, contact the Board office: [email protected] OSBEELS Emails Changing 7 In the next few months all of the email addresses for OSBEELS will be changing: [email protected] to [email protected] If you use our old emails after this change, they will be forwarded to the new ones for a limited time. Stay tuned for when exactly this change will occur via our website. Spring 2021

BOARD OF EXAMINERS OSBEELS is on Facebook! The up-to-date information on FOR ENGINEERING & exams, applications, audits, renewals, and more! LAND SURVEYING facebook.com/osbeels 670 Hawthorne Avenue, SE 503-362-2666 Suite 220 [email protected] Salem, Oregon 97301 oregon.gov/osbeels To receive the newsletter electronically, please provide an email address below. If you would prefer to receive the newsletter in print rather than electronically or at a different mailing address, please provide the preferred mailing address below. If you are already receiving the newsletter in the preferred format and at the correct location, submission of this form is not necessary. You may return this form by email to [email protected], by fax to 503-362-5454 or by mail to the address listed above. Please note, the contact information in which Board correspondence is sent will not be changed by submitting this form. Please utilize the Name/Address Change form (https://goo.gl/9uTvyC) to comply with Oregon Administrative Rule (OAR) 820-020-0050. Registrant Information Middle name or initial Last name First name Email Address Registration or certificate number, if applicable To receive the print edition of The Oregon Examiner, please complete the information below. Mailing address (include any apartment / suite number) City State / Province Zip Country